Test: Class 11 Polity NCERT Based-2


20 Questions MCQ Test Indian Polity for UPSC CSE | Test: Class 11 Polity NCERT Based-2


Description
This mock test of Test: Class 11 Polity NCERT Based-2 for UPSC helps you for every UPSC entrance exam. This contains 20 Multiple Choice Questions for UPSC Test: Class 11 Polity NCERT Based-2 (mcq) to study with solutions a complete question bank. The solved questions answers in this Test: Class 11 Polity NCERT Based-2 quiz give you a good mix of easy questions and tough questions. UPSC students definitely take this Test: Class 11 Polity NCERT Based-2 exercise for a better result in the exam. You can find other Test: Class 11 Polity NCERT Based-2 extra questions, long questions & short questions for UPSC on EduRev as well by searching above.
QUESTION: 1

Which of the following are correct regarding the Parliamentary System?

1. It is governed by experts.

2. It is an unstable government.

3. It is against separation of powers.

4. It can lead to despotism.

5. It is a responsible government.

Solution:

A. Unstable Government -

1. There is no guarantee that a government can survive its tenure.

2. The ministers depend on the mercy of the majority legislators.

3. A no-confidence motion or political defection or multi-party coalition can make the government unstable.

B. No Continuity of Policies -

1. Uncertainty of the tenure is not conductive for the formulation and implementation of long-term policies.

2. Change in the ruling party is usually followed by changes in the policies of the government.

C. Dictatorship of the Cabinet -

1. When the ruling party enjoys an absolute majority in the Parliament, the cabinet becomes autocratic and exercises nearly unlimited powers.

D. Against Separation of Powers -

1. In the parliamentary system, the legislature and the executive are together and inseparable.

2. Thus it goes against the theory of separation of powers. In fact, there is a fusion of powers.

QUESTION: 2

Due to which of the following reasons the founding fathers preferred the British parliamentary system?

1. Familiarity with the system.

2. More responsibility.

3. Separation of power.

4. Heterogeneous Indian Society.

Solution: The founding fathers preferred the British parliamentary system because

A. Familiarity with the System -

1. The parliamentary system had been in operation in India during the British rule.

2. After this experience, it was questioned why we should go back and buy a novel experience.

B. Preference to More Responsibility -

1. Dr B R Ambedkar pointed out in the Constituent Assembly that ‘a democratic executive must satisfy two conditions: stability and responsibility.

2. Unfortunately, it has not been possible so far to devise a system which can ensure both in equal degree.

3. The American system gives more stability but less responsibility.

4. The British system, on the other hand, gives more responsibility but less stability.’

5. We have preferred more responsibility to more stability.

C. Necessity to Avoid Legislative - Executive Conflicts -

1. Presidential government has conflicts between the legislature and the executive.

2. Also an infant democracy could not afford to take the risk of a continuous conflict or threatened conflict between these two organs of the government.

QUESTION: 3

Which of the following is/are correct?

1. Both India and Britain allow only members of Parliament to be appointed as minister.

2. Both India and Britain can have a PM from the lower or upper house.

Solution: The parliamentary system of government in India though largely based on the British parliamentary system has following differences -

1. India has a republican system in place of British monarchical system.

2. The Head of the State in India (that is, President) is elected, while the Head of the State in Britain(that is, King or Queen) enjoys a hereditary position.

3. The British system is based on the doctrine of the sovereignty of Parliament. The Parliament is not supreme in India and enjoys limited and restricted powers due to a written Constitution, federal system, judicial review and fundamental rights.

4. In Britain, the prime minister should be a member of the Lower House (House of Commons)of the Parliament.

5. In India, the prime minister may be a member of any of the two Houses of Parliament. (Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004), were members of the Rajya Sabha).

QUESTION: 4

Which of the following are the features on the basis of which the parliamentary system of government in India operates?

Solution: The features are -

A. Nominal and Real Executives -

1. The President is the nominal executive (de jure executive or titular executive) - head of the State.

2. The Prime Minister is the real executive (de facto executive) - head of the government.

B. Majority Party Rule -

1. The political party with majority seats in the Lok Sabha forms the government.

2. The leader of that party is appointed as the Prime Minister by the President.

3. However, when no single party gets the majority, a coalition of parties may be invited by the President to form the government.

C. Collective Responsibility –

1. This is the bedrock principle of parliamentary government.

2. Article 75 - the ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular.

3. The principle implies that the Lok Sabha can remove the council of ministers headed by the prime minister) by passing a vote of no confidence.

D. Political Homogeneity -

1. Usually members of the council of ministers belong to the same political party, and thus they share the same political ideology.

2. In coalition government, the ministers are bound by consensus.

E. Double Membership -

1. The ministers are members of both the legislature and the executive.

2. The minister has to be a member of the Parliament. If not, he must get elected within 6 months else he cannot remain minister.

F. Leadership of the Prime Minister - The Prime Minister is the leader of the council of ministers, leader of the Parliament and leader of the party in power.Fusion of powers can be seen as opposed to separation of powers.

QUESTION: 5

Which of the following are judicial and electoral powers and functions of the Parliament?

1. It can impeach the President.

2. The Parliament is authorized to make laws to regulate the elections.

3. It can amend the constitution.

4. It can punish its members for the breach of its privileges or its contempt.

Solution: Judicial Powers and Functions -

1. It can impeach the President for the violation of the Constitution.

2. It can remove the Vice-President from his office.

3. It can recommend the removal of judges (including chief justice) of the Supreme Court and the high courts, chief election commissioner, comptroller and auditor general to the president.

4. It can punish its members or outsiders for the breach of its privileges or its contempt.

Electoral Powers and Functions -

1. The Parliament participates in the election of the President (along with the state legislative assemblies) and elects the Vice-President.

2. The Lok Sabha elects its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman.

3. The Parliament is also authorized to make laws to regulate the elections to the offices of President and Vice-President, to both the Houses of Parliament and to both the Houses of state legislature.

4. Accordingly, Parliament enacted the Presidential and Vice-Presidential Election Act (1952), the Representation of People Act (1950), the Representation of People Act (1951), etc.

Other Powers and Functions -

1. It serves as the highest deliberative body in the country.

2. It discusses various issues of national and international significance.

3. It approves all the three types of emergencies (national, state and financial) proclaimed by the President.

4. It can create or abolish the state legislative councils on the recommendation of the concerned state legislative assemblies.

5. It can increase or decrease the area, alter the boundaries and change the names of states of the Indian Union.

6. It can regulate the organization and jurisdiction of the Supreme Court and high courts and can establish a common high court for two or more states.

QUESTION: 6

Which of the following are legislative and executive powers and functions of the Parliament?

1. Parliament can make laws on the subjects enumerated in the State List.

2. Parliament exercises control over the Executive through question-hour.

3. Lok Sabha can express lack of confidence in the government by no confidence motion.

4. It can recommend removal of judges.

Solution: A. Legislative Powers and Functions -

1. The primary function of Parliament is to make laws for the governance of the country.

2. It has exclusive power to make laws on the subjects in the Union List (which at present has 100 subjects, originally 97 subjects) and on the residuary subjects (that is, subjects not enumerated in any of the 3 lists).

3. With regard to Concurrent List (which has at present 52 subjects, originally 47 subjects), the Parliament has overriding powers, i.e. the law of Parliament prevails over the law of the state legislature in case of a conflict between the two.

4. The Constitution also empowers the Parliament to make laws on the subjects enumerated in the State List under the following 5 abnormal circumstances - When Rajya Sabha passes a resolution to that effect. When a proclamation of National Emergency is in operation. When two or more states make a joint request to the Parliament. When necessary to give effect to international agreements, treaties and conventions. When the President's Rule is in operation in the state.

5. All the ordinances issued by the president (during the recess of the Parliament) must be approved by the Parliament within six weeks after its reassembly.

6. An ordinance becomes inoperative if it is not approved by the parliament within that period.

7. The Parliament makes laws in a skeleton form and authorises the Executive to make detailed rules and regulations within the framework of the parent law. This is known as delegated legislation or executive legislation or subordinate legislation. Such rules and regulations are placed before the Parliament for its examination.

B. Executive Powers and Functions -

1. The Executive is responsible to the Parliament for its policies and acts.

2. The Parliament exercises control over the Executive through question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion and other discussions.

3. It also supervises the activities of the Executive with the help of its committees.

4. The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular.

5. As a part of collective responsibility, there is individual responsibility, that is, each minister is individually responsible for the efficient administration of the ministry under his charge.

6. The council of ministers can be removed from office by the Lok Sabha by passing a no-confidence motion.

The Lok Sabha can also express lack of confidence in the government in the following ways -

1. By not passing a motion of thanks on the President’s inaugural address.

2. By rejecting a money bill.

3. By passing a censure motion or an adjournment motion.

4. By defeating the government on a vital issue.

5. By passing a cut motion. Therefore, “the first function of Parliament can be said to be to select the group which is to form the government, support and sustain it in power so long as it enjoys its confidence, and to expel it when it ceases to do so, and leave it to the people to decide at the next general election.”

QUESTION: 7

The budget is also known as:

Solution: Article 112 of the Indian constitution “Annual Financial Statement”

QUESTION: 8

Which of the following statements is not correct?

Solution: In the Presidential election, elected members of both houses of parliament, elected members of the state legislature and only elected members of Delhi and Puducherry Legislatures participate.

1. Both elected and nominated members of the State legislative council

2. Along with elected and nominated members of the State Legislative Council, other members who do NOT participate directly in the election of the President are: nominated members of both Lok Sabha and Rajya Sabha, nominated members of legislative assemblies of the Union Territories of Delhi and Puducherry

3. Following members directly participate in the election:

a. the elected members of Lok Sabha and Rajya Sabha

b. the elected members of the legislative assemblies of the state

c. the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

QUESTION: 9

Who participates in the Presidential election?

Solution: In the Presidential election, elected members of both houses of parliament, elected members of the state legislature and only elected members of Delhi and Puducherry Legislatures participate.

1. Both elected and nominated members of the State legislative council

2. Along with elected and nominated members of the State Legislative Council, other members who do NOT participate directly in the election of the President are: nominated members of both Lok Sabha and Rajya Sabha, nominated members of legislative assemblies of the Union Territories of Delhi and Puducherry

3. Following members directly participate in the election: a. the elected members of Lok Sabha and Rajya Sabha b. the elected members of the legislative assemblies of the state c. the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

QUESTION: 10

Which of the following is true regarding vacating a seat of Member of Parliament?

1. If elected to both Parliament and state legislature, the member’s seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days.

2. If a person is elected to both the Houses of Parliament, he must intimate within 14 days in which House he desires to serve.

3. The Constitution has no provision to declare the election void, if a disqualified candidate gets elected.

Solution: Disqualification on Grounds of Defection - The Constitution says that a person shall be disqualified from being a member of Parliament if he/she is so disqualified on the ground of defection under the provisions of the Tenth Schedule.

A. Under the defection law a member incurs disqualification -

1. If he voluntary gives up the membership of the political party on whose ticket he is elected to the House.

2. If he votes or abstains from voting in the House contrary to any direction given by his political party.

3. If any independently elected member joins any political party.

4. If any nominated member joins any political party after the expiry of six months. The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha. It is not decided by the President. In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review. Vacating Seats - A Member of Parliament vacates his seat in following scenarios.

B. Double Membership -

1. A person cannot be a member of both Houses of Parliament at the same time.

2. As per the Representation of People Act (1951) if a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve.

3. If not intimated, his seat in the Rajya Sabha becomes vacant.

4. If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.

5. If a person is elected to two seats in a House, he should exercise his option for one. Else, both seats become vacant. Similarly, a person cannot be a member of both the Parliament and the state legislature at the same time.The person’s seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days.

C. Disqualification - If a Member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant. It also includes disqualification on the grounds of defection.

D. Resignation - A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be. The seat falls vacant when the resignation is accepted. But, the Chairman/Speaker may not accept the resignation if he is satisfied that it is not voluntary or genuine.

E. Absence - A House can declare the seat of a member vacant if he is absent from all its meetings for a period of 60 days without its permission. In computing the period of 60 days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days. Other cases - A member has to vacate his seat in the Parliament -

1. if his election is declared void by the court;

2. if he is expelled by the House;

3. if he is elected to the office of President or Vice-President; and

4. if he is appointed to the office of governor of a state.

Representation of the People Act (1951) enables the high court to declare an election void if a disqualified candidate is elected. There is no provision in the Constitution.The aggrieved party can appeal to the Supreme Court against the order of the high court in this regard.

QUESTION: 11

In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?

Solution:
  • Right to Vote is not a Fundamental Right. So, the Supreme Court cannot directly be approached for issuing a writ petition.

  • High court enforces legal rights, and should be approached in case of its infringement. Whereas Election Commission of India only conducts elections and maintains the database of voters, it does not have the authority to enforce the Right to Vote. Same is true for the Chief Electoral Officer.

QUESTION: 12

Consider the following Fundamental Rights:

1. Right against discrimination on grounds of religion

2. Right to conserve one's culture

3. Right to life and liberty

4. Right to freedom of speech and expression

Which of the above Fundamental Rights are conferred to the Indian citizens but not to the foreign citizens living in India?

Solution: Fundamental rights unavailable to foreign citizens are: Equality of opportunity in matters of public employment (Article 16). Right of minorities to establish and administer educational institutions (Article 30) Protection of six rights regarding freedom of : (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 19). It is notable that foreign citizens even enjoy the Right to elementary education (Article 21A).

QUESTION: 13

By the 44th Amendment to the Constitution, the right to property was removed as a Fundamental Right and has been made as a legal right. This has which of the following implication(s)?

1. Now it can be regulated by an ordinary law of the Parliament without needing a Constitutional amendment Act.

2. Now private property is protected against the executive action but not against the legislative action.

Select the correct answer using the code given below:

Solution:
  • Since Right to Property is now only a legal right, it can be curtailed by the Parliament through an ordinary law. It protects private property against executive action but not against legislative action.

  • In case of violation, the aggrieved person cannot directly move the Supreme Court under Article 32 (right to constitutional remedies including writs) for its enforcement. He can move the High Court under Article 226.

QUESTION: 14

In India, which of the following institutions have the authority to expand and increase the scope of Fundamental Rights of the Constitution?

1. President of India

2. Supreme Court

3. High Courts

4. Parliament

Select the correct answer using the codes given below:

Solution: In matters of Constitutional amendment (e.g. amending Fundamental Right), the President is a mere rubber stamp. He cannot disagree or send back any Constitutional amendment. He must sign it. Along with the Parliament the Supreme Court and the High Courts can interpret and expand the scope of Fundamental Rights.

QUESTION: 15

Consider the following statements about the Fundamental Rights:

1. Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures.

2. Both the Parliament and State Legislatures can curtail or repeal the Fundamental Rights.

Which of the statements given above is/are not correct?

Solution: Laws enforcing Fundamental Rights can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained.

Fundamental Rights are not sacrosanct or permanent, but only the Parliament can curtail or repeal them by a constitutional amendment act and without affecting the 'basic structure' of the Constitution.

QUESTION: 16

Which of the following is the difference between fundamental rights and rights secured by other provisions of the constitution?

1. Fundamental rights are immune from constitutional amendments.

2. If the rights follow from other provision of constitution, other aggrieved person may have his relief by ordinary suit only

Select the correct answer from the following codes.

Solution:
  • Fundamental rights are conferred special sanctity as compared with other provisions of constitution. If the rights follow from other provisions of constitution, other aggrieved person may have his relief by ordinary suit and by application to the high courts, but application under art 32 shall not lie, unless the invasion of non-fundamental right involves violation of some fundamental right as well.

  • Though the rights of both these classes are equally justiciable, the constitutional remedy by way of an application directly to the Supreme Court under Article 32, which is itself included in Part III, as a fundamental right, is available only in the case of fundamental rights.

  • If the right follows from some other provisions of the Constitution, such as Article 265 or Article 301, the aggrieved person may have his relief by an ordinary suit or, by an application under Article 226 to the High Court, but an application under Article 32 shall not lie, unless the invasion of the non-fundamental right involves the violation of some fundamental right as well.

QUESTION: 17

Which Article is for “Protection of interests of Minorities”:

Solution: Article 26 – Freedom to manage religious affairs. “Article 27” – freedom as to payment of taxes for promotion of any particular religion. “Article 30” – Right of Minorities to establish and administer educational institutions. Freedom to manage religious affairs (Article 26) Article 26 reads as follows, Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

1. to establish and maintain institutions for religious and charitable purposes;

2. to manage its own affairs in matters of religion;

3. to own and acquire movable and immovable property; and

4. to administer such property in accordance with Thus, Article 26 confers upon the religious groups the freedom to manage religious affairs, as said in the above clauses. The right guaranteed by Article 25 is an individual right while the right guaranteed by Article 26 is the right of an “organised body” like the religious denomination or any section thereof. The right to administer property owned by a religious denomination is a limited right, and it is subject to the regulatory power of the State.

QUESTION: 18

Which of the following about a law placed under IXth Schedule, which is in contravention of Fundamental Rights, is true:

Solution:
  • Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights.

  • However, in a significant judgement delivered in January 2007, the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule.

  • The court held that judicial review is a ‘basic feature’ of the constitution and it could not be taken away by putting a law under the Ninth Schedule. It said that the laws placed under the Ninth Schedule after April 24, 1973, are open to challenge in court if they violated fundamental rights guaranteed under Articles 14, 15, 19 and 21 or the ‘basic structure’ of the constitution.

QUESTION: 19

Which of the following are correctly matched:

1. Certiorari - to forbid

2. Mandamus - we command

3. Quo-Warranto - by what authority

Solution:

Certiorari - It means ‘to be certified’ or ‘to be informed’.

1. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.

2. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.

3. Prohibition is only preventive, but certiorari is both preventive as well as curative.

4. Till recently, the writ of certiorari could be issued only against judicial and quasi-judicial authorities. In 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.

QUESTION: 20

Which article provides protection against arrest and detention:

Solution:
  • The Article 22 (3) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not be available.

  • Preventive detention should be carefully distinguished from punitive detention. Punitive detention is punishment for illegal acts done.

  • Preventive detention on the other hand is action taken beforehand to prevent possible commitment of crime.